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Articles by Stacy Thomsen
Missed a Paycheck Deadline? The Cost Isn’t Worth the Treble
Employers operating in Massachusetts face some of the nation’s most stringent requirements regarding the timing and frequency of wage payments. The Massachusetts Wage Act (M.G.L. c. 149, § 148) mandates prompt payment of wages, with severe penalties for even minor delays. Recent case law, including Reuter v. City of Methuen and Turgut v. Hitachi Rail STS USA, Inc., has further clarified and, in some respects, heightened the risks for employers.
Seventh Circuit Decision Clarifies Standards for FLSA Overtime Cases
The Seventh Circuit Court of Appeals[1] recently clarified the evidentiary bar for employees bringing Fair Labor Standards Act (FLSA) overtime claims, requiring employees to provide specific, detailed evidence of their work hours and duties at the summary judgment stage, even when employers fail to keep accurate time records under the FLSA.
Tracking Pixel Litigation Expands: A State-by-State Guide to Wiretapping Risk
Routine website tracking tools are rapidly becoming one of the most significant sources of privacy liability for businesses today. Common website tracking technologies such as advertising pixels, analytics scripts, and session-replay tools were once considered routine features of modern website infrastructure. Today, they are driving a rapidly expanding wave of privacy litigation, exposing businesses across nearly every industry to significant liability under federal and state wiretapping laws.
Terminating Employees? Ignoring State And Local Wage Laws Can Cost You
Terminating employees can be a daunting task. Failing to follow your state or local rules when terminating an employee can make the task exponentially more difficult and expensive. When a business plans on firing or laying off an employee (known as “involuntary termination”) it is imperative business owners consult state and local laws prior to making any personnel changes.
CIPA Litigation Persists For Online Businesses While Reform Bill Sits Idle | JD Supra
The past year has seen sweeping developments in personal jurisdiction doctrine as applied to online privacy litigation, particularly in California. In April 2025, the Ninth Circuit’s en banc decision in Briskin v. Shopify, Inc.1 recalibrated the specific-jurisdiction analysis for nationwide e-commerce platforms accused of harvesting and monetizing consumer data, expressly rejecting any requirement of “differential targeting” of the forum.
Missed a Paycheck Deadline? The Cost Isn't Worth the Treble | JD Supra
Employers operating in Massachusetts face some of the nation’s most stringent requirements regarding the timing and frequency of wage payments. The Massachusetts Wage Act (M.G.L. c. 149, § 148) mandates prompt payment of wages, with severe penalties for even minor delays. Recent case law, including Reuter v. City of Methuen and Turgut v. Hitachi Rail STS USA, Inc., has further clarified and, in some respects, heightened the risks for employers.
Seventh Circuit Decision Clarifies Standards for FLSA Overtime Cases | JD Supra
The Seventh Circuit Court of Appeals[1] recently clarified the evidentiary bar for employees bringing Fair Labor Standards Act (FLSA) overtime claims, requiring employees to provide specific, detailed evidence of their work hours and duties at the summary judgment stage, even when employers fail to keep accurate time records under the FLSA.
[Webinar] Digital Defense: Safeguarding Your Business and Website From Privacy Act Risks - December 18th, 12:00 pm - 12:45 pm ET | JD Supra
Businesses operating public-facing websites should be aware of a troubling (and potentially expensive) trend: Mass arbitration claims are being filed against site operators, with plaintiffs arguing that website operators' use of third-party data analytics software violates data privacy laws. How can your business defend against this trend and proactively mitigate risk from these often-frivolous claims? Our webinar covers the strategies.
What Texas Court’s Decision on Non-Competes Means for Businesses | JD Supra
The Federal Trade Commission’s (FTC) ambitious attempt to implement a nationwide ban on non-compete agreements (with limited exceptions) has hit a significant legal roadblock. On August 20, 2024, U.S. District Judge Ada Brown of the Northern District of Texas issued a ruling that permanently enjoins the enforcement of the FTC’s proposed ban on a nationwide basis. This decision has implications for employers, employees, and the entire legal landscape of employment law in the United States.
Terminating Employees? Ignoring State And Local Wage Laws Can Cost You | JD Supra
Terminating employees can be a daunting task. Failing to follow your state or local rules when terminating an employee can make the task exponentially more difficult and expensive. When a business plans on firing or laying off an employee (known as “involuntary termination”) it is imperative business owners consult state and local laws prior to making any personnel changes.
Proactive Protections Against CIPA Mass Arbitrations? Updated Terms of Use | JD Supra
Businesses operating public facing websites that employ data analytics software to track users’ website interactions must be aware of a novel use of the California Information Privacy Act (“CIPA”) that has taken the plaintiffs’ bar by storm.
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